T.C. MILLER, INC., AND TANFIELD MILLER, APPELLANTS,
v.
ROBERT M. STORER, APPELLEE

Fla. 4th DCA | 1989-03-22
No. 88-2458
DOWNEY, WALDEN and STONE, JJ., concur.
540 So. 2d 211 Florida District Court of Appeal, Fourth District (1989) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of a partial final summary judgment in favor of the third party plaintiff, Robert Storer, and against the third party defendants, T.C. Miller, Inc. and Tanfield Miller. We find that there were issues of fact which precluded summary judgment and reverse. A question remains as to whether Storer and his attorney, De-Witt, unreasonably required the third party defendants to post a bond and thereby prevented them from assuming the defense of the case as required by the indemnification agreement.

REVERSED and REMANDED for further proceedings consistent herewith.

DOWNEY, WALDEN and STONE, JJ., concur.


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  • State v. Ramos, 755 So. 2d 836 (Fla. 5th DCA 2000)
    …(2000). “All that is required for a valid vehicle stop, such as transpired in this case, ... is a founded suspicion on the part of the officer effectuating the stop that the occupants have committed or are about to commit a crime.” London v. State, 540 So. 2d 211, 213 (Fla. 2d DCA 1989)(citing Sumlin v. State, 433 So. 2d 1303 (Fla. 2d DCA 1983)). In contrast, investigatory stops based solely upon an inarticulable hunch or unparticularized suspicion are invalid. See State v. Setzler, 667 So. 2d 343 (Fla. 1st…
  • State v. Bagley, 844 So. 2d 688 (Fla. 3d DCA 2003)
    …ant’s detailed tip, together with police officer’s observation of defendant, gave officer probable cause for warrantless search and arrest). Reasonable grounds existed to support an arrest. This case is clearly distinguishable from London v. State, 540 So. 2d 211 (Fla. 2d DCA 1989), which the trial court found persuasive in granting the motion to suppress. London involved a BOLO that could not provide probable cause for an arrest and was based on information from an unidentified source and a description so g…
  • Keeling v. State, 929 So. 2d 1169 (Fla. 2d DCA 2006)
    …minal activity. Popple, 626 So. 2d at 186. “All that is required for a valid vehicle stop ... is a founded suspicion on the part of the officer effectuating the stop that the occupants have committed or are about to commit a crime.” London v. State, 540 So. 2d 211, 213 (Fla. 2d DCA 1989) (citing Sumlin v. State, 433 So. 2d 1303 (Fla. 2d DCA 1983)). “The officer’s suspicion is ‘founded’ upon an objective foundation which reasonably supports his assessment of the particular circumstances.” Carter v. State, 454…

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